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  5. 832 S.W.2d 427 (1992)
 

GRANITE CONST. v. BITUMINOUS INS.

No. 07-91-0133-CV.

832 S.W.2d 427 (1992)

GRANITE CONSTRUCTION COMPANY, INC., Appellant, v. BITUMINOUS INSURANCE COMPANIES, Appellee.

Court of Appeals of Texas, Amarillo.

Rehearing Denied July 14, 1992.

Attorney(s) appearing for the Case

Crenshaw Dupree & Milam (Cecil Kuhne, of counsel), Lubbock, for appellant.

Jones, Flygare, Galey, Brown & Wharton (James L. Wharton and Bradley M. Pettiet, of counsel), for appellee.

Before REYNOLDS, C.J., and DODSON and POFF, JJ.

REYNOLDS, Chief Justice.

Granite Construction Company, Inc. appeals from the summary judgment declaring, in effect, that Bituminous Insurance Companies do not owe a duty to defend, or pay any award resulting from, a separate negligence suit filed by John R. Valchar against Granite. On the rationale expressed, we will vacate the part of the judgment declaring there is no duty to pay and affirm the remainder of the judgment.

As a construction contractor, Granite...

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